Terms of Use

What these terms cover

Phoenix Labs ("Labs", "we", "us") is the experiment division of Phoenix Trader Funding ("Phoenix"), and these Terms govern your use of labs.phoenixtraderfunding.com and everything sold on it. By using the site or buying a Labs account you agree to be bound by them. If you do not agree, do not use the site.

A funded Labs account is additionally governed by the Funded Account Agreement you signed for that account. Where that agreement and these Terms differ on a point about your account, the agreement you signed prevails for that account.

Phoenix Labs is a separate product from phoenixtraderfunding.com. Balances, accounts, payouts and purchase history are not shared between the two.

Acceptance of and modifications to these terms

By using the services it is assumed that you have read and agreed to these Terms. Phoenix reserves the right to modify these Terms at any time without prior notice. We will post the revised Terms on this page with an updated revision date. It is your responsibility to review them periodically, and continued use after the effective date of the modified Terms constitutes acceptance of the changes. If you do not agree to the modified Terms, you must discontinue using the services.

A change to these Terms never changes the commercial terms of an account you already bought: the price you paid, the profit goal, the drawdown, the profit split, the payout caps and the payout cadence recorded for that account continue to govern it for its whole life.

Use of the services

The services provided by Phoenix include performance-based trading programs and opportunities. As a user of this website you assume all risk and liability should you choose to engage in any of these programs. The opinions, ratings, comments or any other content posted on our website do not necessarily reflect the views of Phoenix. We offer these programs and this information as a service to our users, and it is your responsibility to exercise caution and make informed decisions.

CFTC required disclaimer

The Commodity Futures Trading Commission (CFTC) requires us to provide the following disclaimer: Futures and Options trading involves substantial risks and may not be suitable for all investors. You should be aware of the risks and willing to accept them before investing in the futures markets. Trading with money you cannot afford to lose is strongly discouraged. The information provided on this website, including any past performance of trading systems or methodologies, does not guarantee future results. No representation is being made that any account will achieve similar profits or losses as discussed on this website.

Limitation of services

Phoenix reserves the right to limit access to, modify, change, or discontinue any part or all of the services provided on this site at any time and without notice. We shall not be liable to you or any third party for any modifications, suspensions or discontinuances of the services.

This includes limiting which experiments a given customer may buy, and how many accounts they may hold. Phoenix Labs may decline a purchase at its discretion, and an experiment may be closed to new purchases generally or for an individual customer.

Experiments, and what happens when one ends

Every account sold on Phoenix Labs is an experiment: its price, profit goal and drawdown are still being measured against a full population of traders. Experiments are temporary by nature and may stop accepting new purchases at any time.

If an experiment is discontinued outright while you hold an active account under it, the account is closed, the purchase price you paid for it (together with any activation fee) is refunded in full to the original payment method, every payout already earned and approved is honoured in full, and any payout request open at that moment is assessed on its merits.

Required disclosures

Risk disclosure

Please note that this is not an investment opportunity and you are not required to deposit any funds for investment purposes. We do not solicit any funds for investment and you will never risk your own capital at any time. It is important to note that trading involves substantial risk and may not be suitable for all investors. It is possible for an investor to lose all or more than the initial investment. Risk capital refers to money that can be lost without jeopardizing one's financial security or lifestyle, and only such risk capital should be used for trading. Past performance is not necessarily indicative of future results.

Hypothetical performance disclosure

Hypothetical performance results have several inherent limitations. It should not be assumed that any account will or is likely to achieve profits or losses similar to those shown. In fact, there can be significant discrepancies between hypothetical performance results and the actual results obtained by any particular trading program. One limitation is that such results are typically prepared with the benefit of hindsight. Additionally, hypothetical trading does not involve any financial risk, and no hypothetical trading record can fully account for the impact of actual financial risk associated with trading. For instance, an investor's ability to withstand losses or to adhere to a particular trading program in the face of trading losses are important factors that can affect actual trading results. There are many other market-related factors, or factors specific to the implementation of any particular trading program, that cannot be fully considered in the preparation of hypothetical performance results, and all such factors can adversely impact trading results.

Customer compensation disclosure

Any trades presented for compensation to customers are hypothetical and should not be expected to be replicated in a live trading account. Phoenix Labs accounts are simulated accounts.

Consent to these terms is not a condition of purchase.

Educational purposes and disclaimer of investment advice

1. Educational services only. The services provided by Phoenix under these Terms are solely for educational purposes. We offer tools, data and informational content intended to assist you in making independent decisions regarding trading in financial markets. We do not provide, offer or render investment, financial, tax or legal advice.
2. No investment advice or fiduciary relationship. In providing these services Phoenix is not acting as a fiduciary or an investment advisor. Information provided, whether verbal or written, should not be construed as a recommendation to buy, sell or hold any security or financial product, or to engage in any specific investment strategy. All trading decisions are yours, based on your own judgment and at your sole discretion.
3. Disclaimer of liability. Phoenix shall not be liable for any actions or decisions you make based on the educational content or tools provided. You are solely responsible for your trading decisions and their consequences, and you acknowledge that trading in financial markets involves substantial risk of loss and is not suitable for every investor.
4. No guarantee of accuracy or suitability. While Phoenix endeavours to provide accurate and timely information, we make no guarantee as to the accuracy, completeness, timeliness, suitability or validity of any information provided, and will not be held liable for any errors, omissions or delays, or for any losses or damages arising from their display or use.
5. Indemnification. You agree to indemnify, defend and hold harmless Phoenix and its affiliates, directors, officers, employees and agents from and against any claims, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to your use of the services, or any violation of these Terms.
6. Acknowledgment. You confirm that you have read and understood this clause and that you are using the services with the full understanding that they are for educational purposes only and not investment advice.

Account security and confidentiality

1. Responsibility for account security. You are solely responsible for maintaining the confidentiality and security of your username, password and any other access information used to reach the services, and for all activity that occurs under your account, whether authorised or not.
2. Notification of unauthorised use. You agree to notify us immediately at support@phoenixtraderfunding.com of any unauthorised use of your account or any other breach of security. Phoenix shall not be liable for any loss or damage arising from a failure to do so.
3. Secure access. You are responsible for taking appropriate measures to keep your credentials confidential, including using unique passwords, changing them regularly, and ensuring any device you use to access the services is secure.
4. Acknowledgment of risks. You acknowledge that the internet is not a completely secure medium and that there are risks associated with online services, including the potential for unauthorised access to or alteration of transmissions or data. Phoenix shall not be liable for breaches of security unless caused by its gross negligence or wilful misconduct.
5. Trading your own account only. A Labs account may be traded only by the person who bought it. You may not trade, or attempt to trade, any account held at Phoenix other than your own designated account, whether in the name of a family member, friend, business entity you control, or any other affiliate, agent or alias.

Independent contractor status and the simulated environment

1. Contractor relationship and simulated trading. Your relationship with Phoenix is strictly that of an independent contractor. You are neither an account holder nor an owner with Phoenix. Trading takes place in a simulated environment using virtual funds, on data from recognised exchanges including CME, COMEX, NYMEX and CBOT, through third-party platforms and data feeds over which Phoenix exercises no control.
2. Labs accounts are simulated for their whole life. There is no progression from a Phoenix Labs account to a live brokerage account, and no fee or commission is ever charged in connection with one. Any live account offered by Phoenix elsewhere is a separate product, bought or granted separately.
3. Compensation based on simulated performance. Any compensation is contingent on your performance in the simulated account. Phoenix credits you, as an independent contractor, with payouts corresponding to the simulated profits earned, at the profit split and within the caps recorded for that account. Such payouts are made from the available resources of Phoenix, including membership fees, revenues and the proceeds of both simulated and live trading activities.
4. Acknowledgment. You acknowledge that you have read and understood the nature of this relationship and the operation of the simulated trading environment, and agree to the terms governing it.

Limitations on liability

1. Restriction of liability. Phoenix, along with its associates, officers, directors, employees, agents, contributors, endorsers and advertisers, shall not be held liable for any indirect, incidental, consequential, special, exemplary or punitive damages, whether arising under contract, tort (including negligence), strict liability or any other theory of liability, related to or arising from the use of any products or services offered by Phoenix, including any damages arising from the use of or inability to use them.
2. Remedy for dissatisfaction. Your sole and exclusive remedy in case of dissatisfaction with any Phoenix product or service is to stop using it.
3. Cap on liability. The maximum aggregate liability of Phoenix to you for any and all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, is limited to the total amount you paid directly to Phoenix for the services and products in question.
4. Applicability. Certain jurisdictions do not permit limitations on certain types of liability, so some of the above limitations may not apply to you depending on the applicable law.

Legal notice and contact

Phoenix Trader Funding is a French SAS (société par actions simplifiée) registered in Paris, France, under SIRET n°97871533200018 and registered in the Commercial Register under the identifier Paris B 978 715 332.

Questions about this document: contact@phoenixtraderfunding.com. Questions about an account or a payout: support@phoenixtraderfunding.com.